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Articles Posted in Workers’ Compensation

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Florida’s First District Remands Workers’ Compensation Case for Reconsideration of Injured Woman’s Statutory Employee Status

In Mitchell v. Osceola County School Board, a Florida woman was working at a veterinary clinic that was being hosted by a non-profit organization and held at an Osceola County high school. While assisting at the clinic, the woman allegedly suffered an injury when she was bitten by a dog.…

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Appeals Court Rules on Attendant Care Payments in Florida Workers’ Compensation Case

In American Airlines v. Hennessey, an employee injured his right leg in a workplace accident. As a result, he was required to undergo several hospitalizations and a lengthy course of antibiotics. Due to the extent of the man’s injuries, his employer authorized him to receive attendant care in his home…

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Order Denying Florida Workers’ Compensation Benefits Advance Request is a Final Order for Purposes of Appeal

In Shannon v. Cheney Bros., Inc., a man suffered a workplace back injury in October 2010. The man’s employer accepted liability for the injury and authorized the employee to seek medical treatment. Later, the employee was involved in a traffic collision that was not related to work. As a result…

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Order Providing Discounted Benefits for Pre-Existing Condition Overturned in Florida Workers’ Compensation Case

In City of Fort Pierce v. Spence, an employee was hurt in a 2012 work-related car accident. Following the collision, the man’s employer admitted that his claim was compensable. An authorized physician recommended that the worker undergo a number of procedures on his back, including facet injections and orthopedic surgery.…

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Florida Appeals Court Overturns Order Compelling Medical Exam in Workers’ Compensation Case

In Jackson v. Columbia Pictures, a Florida man suffered a traumatic brain injury in 1986 when he fell more than 20 feet at work. Two years later, the brain-damaged worker reached “maximum medical improvement.” Eventually, the hurt man received a workers’ compensation award that included any attendant care benefits that…

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First District Appellate Court Affirms Decision Denying Florida Workers’ Compensation Benefits Over Employee Misrepresentation

In Clark v. R&L Carriers, a semi-truck driver was allegedly injured on the job in two separate traffic collisions in 2012. According to the trucker, he suffered serious neck, back, and shoulder injuries in the two accidents. Following the crashes, the man’s employer authorized medical care for both incidents. Later,…

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Supreme Court of Florida Holds Deceased Worker’s Estate Cannot Recover Tort Judgment from Employer’s Insurance Company

In Morales v. Zenith Ins. Co., a Florida man was tragically killed in a workplace accident. Following the fatal incident, the decedent’s wife agreed to a workers’ compensation settlement with the man’s employer and the employer’s insurance company. The wife also signed a release stating the settlement was the sole…

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Appellate Court Holds Videotaped Depositions May be a Reimbursable Litigation Expense Under Florida Workers’ Compensation Statute

In Lane v. Workforce Business Services, Inc., a man sought benefits from his employer under Chapter 440 of the Florida Statutes after he suffered an injury at work. The hurt worker filed a petition seeking a determination regarding his entitlement to workers’ compensation benefits after his employer refused to compensate…

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Appeals Court Says Employer Who Failed to Comply With Florida Workers’ Compensation Laws Must Reimburse Hurt Employee

In Fortune v. Gulf Coast Tree Care, Inc., a Florida man’s shoulder became dislocated after he was assaulted while making a work-related delivery to a customer in 2011. Following the incident, the man was treated in an emergency room at a local hospital. After realigning his shoulder, the treating physician…

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Florida Appeals Court Overturns Denial of Benefits in Miami-Dade Workers’ Compensation Case

Florida’s First District Court of Appeal has reversed a decision denying an advance in workers’ compensation benefits that was rendered by a Judge of Compensation Claims (“JCC”). In Bonner v. Miami Dade Public Schools, an employee who was out of work for about 18 months due to a work-related injury…

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